G/ADP/N/1/GBR/1/Suppl.1  
G/SCM/N/1/GBR/1/Suppl.1  
G/SG/N/1/GBR/1/Suppl.1  
6 February 2020  
(20-0927) Page: 1/30 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
UNITED KINGDOM  
Supplement  
The following notification, dated 5 February 2020 , is being circulated at the request of the delegation 
of the United Kingdom . 
 
_______________  
 
 
COMMENCEMENT ORDER  
STATUTORY IN STRUMENTS  
2019 No. 429 (C. 12)  
EXITING THE EUROPEAN UNION  
CUSTOMS  
THE TAXATION (CROSS -BORDER TRADE) ACT 20 18 (APPOINTED DAYS NO. 4 AND 
TRANSITIONAL PROVISI ONS) (MODIFICATION) (EU EXIT) REGULATION S 2019  
Made  - - - - at 11.30 a.m. on 4th March 2019  
The Secretary of State, in exercise of the powers conferred by sections 56(4), (5) and (7) and 57(2) 
and (4) of the Taxation (Cross -border Trade) Act 2018( 1), makes the following Regulations.  
Citation and Interpretation  
1.—(1) These Regulations may be cited as the Taxation (Cross -border Trade) Act 2018 (Appointed 
Days No. 4 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019.  
 (2) In these Regulations, "the Act " means the Taxation (Cross -border Trade) Act 2018.  
Appointed Days  
2. The day appointed for the coming i nto force of section 13 of, and Schedules 4 and 5 to, the Act 
(excluding paragraphs 22 and 30 in Schedule 4 and paragraphs 22 and 29 in Schedule 5), is at 
11.59 a.m. on 4th March 2019.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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  3. The day appointed for the coming into force of paragraph 1 of Schedule 7 to the Act, so far as it 
relates to EU trade duties, is immediately after the coming into force of section 3 of the European 
Union (Withdrawal) Act 2018( 2).  
Transitional Provisions  
4. The provisions of the Act that are commenced by virtue of regulation 2 have effect subject to 
the modifications in the Schedule until the Trade Remedies Authority ( "the TRA ") is established.  
5. Following the establishment  of the TRA, any provisional decision or determination made by the 
Secretary of State under Part 3 or 4 of Schedule 4 to the Act or under Part 3 or 4 of Schedule 5 
to the Act, as modified by the Schedule to these Regulations, has effect as though it were a  
recommendation made by the TRA under the corresponding unmodified provision.  
6. Following the establishment of the TRA, anything done (or having effect as if done) by the 
Secretary of State in pursuance of a transitional function has effect as if done by th e TRA, so far 
as that is required for continuing its effect.  
7. Following the establishment of the TRA, anything done (or having effect as if done) in relation 
to the Secretary of State in connection with a transitional function has effect as if done in rela tion 
to the TRA, so far as that is required for continuing its effect.  
8. If, on the establishment of the TRA, anything is in the process of being done by or in relation to 
the Secretary of State in connection with a transitional function, it may, following the 
establishment of the TRA, be continued by or in relation to the TRA.  
9. A "transitional function " is a function which —  
(a) is conferred on the Secretary of State by the Schedule to these Regulations;  
(b) corresponds to a function that will, following th e establishment of the TRA, be exercisable by the 
TRA under Schedule 4 or 5 to the Act; and  
(c) following the establishment of the TRA, will not be exercisable by the Secretary of State.  
Signed by authority of the Secretary of State for International Trade   
Graham Stuart  
Parliamentary Under Secretary of State for Investment  
Department for International Trade  
at 11.30 a.m. on 4th March 2019  
  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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  SCHEDULE  
Regulation 4  
Transitional Provisions  
PART 1 GENERAL MODIF ICATIONS  
1. Unless otherwise specified in this Schedule, the provisions coming into force by virtue of 
regulation 2 have effect as if for "TRA", in each place where this occurs, there were substituted 
"Secretary of State ".  
PART 2 MODIFICATIONS  TO SECTION 13 OF TH E ACT 
2. Section 13 of the Act has effect as if —  
(a) in sub -section (1), for "the Trade Remedies Authority ( "the TRA ")", there were substituted "the 
Secretary of State "; and  
(b) in sub -sections (2), (3) and (4) — 
 (i) for "accepts a recommendation by the TRA ", in each place where this occurs, there were 
substituted "decides to give effect to a preliminary decision "; and  
 (ii) for "the recommendation ", in each place where it occurs, there were substituted "the 
preliminary decision ". 
PART 3 FURTHER MODIF ICATIONS TO SCHEDULE 4 TO THE AC T 
Modifications to Part 2 (dumping and subsidisation investigations)  
3. Paragraph 9 (initiation of a dumping or a subsidisation investigation) of Schedule 4 to the Act 
has effect as if, for that paragraph, there were substituted —  
 "9.—(1)  The Secretary of State may initiate a dumping or a subsidisation investigation in 
relation to goods only if —  
(a) the Secretary of State — 
 (i) is requested to initiate an investigation in an application made by or on behalf of 
a UK industry in the goods ( "the applicant UK industry "), or 
 (ii) in exceptional circumstances, decides that an investigation should be initiated in the 
absence of such an application,  
(b) the Secretary of State is satisfied that the application contains sufficient evidence (or, if 
sub-paragraph (1)(a)(i) does not apply, that there is otherwise sufficient evidence),  that— 
 (i) the goods have been or are being dumped in the United Kingdom and the dumping has 
caused or is causing injury to a UK industry in those goods, or  
 (ii) as the case may be, the goods have been or are being imported into the United Kingdom 
and ar e subsidised, and the importation of the subsidised goods has caused or is causing injury to a 
UK industry in those goods,  
(c) the Secretary of State is satisfied that it appears from that evidence that — G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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   (i) the volume of dumped goods (whether actual or p otential), and the injury, is more than 
negligible, and the margin of dumping in relation to those goods is more than minimal, or  
 (ii) as the case may be, the volume of subsidised goods (whether actual or potential), and the 
injury, is more than negligibl e, and the amount of the subsidy in relation to those goods is more 
than minimal, and  
(d) the market share requirement is met or the Secretary of State waives the requirement.  
  (2)  The market share requirement is met if —  
(a) in the case of an applicatio n under sub -paragraph (1)(a)(i), the Secretary of State is satisfied 
that the applicant UK industry has a share of the market for like goods for consumption in the United 
Kingdom (whether produced there or elsewhere) which is sufficient to justify initiati ng the 
investigation;  
(b) in the case of a decision under sub -paragraph (1)(a)(ii), the Secretary of State is satisfied that 
a UK industry in the goods has a share of the market for like goods for consumption in the United 
Kingdom (whether produced there o r elsewhere) which is sufficient to justify initiating the 
investigation.  
  (3)  Regulations may make provision about —  
(a) what constitutes or does not constitute an application made by or on behalf of a UK industry for 
the purposes of sub -paragraph (1)(a )(i); 
(b) when an application is made for the purposes of sub -paragraph (1)(a)(i);  
(c) the information to be contained in such an application;  
(d) the time limit for determining such an application;  
(e) the Secretary of State 's assessment of any information obtained or held by the Secretary of 
State for the purposes of a decision under sub -paragraph (1)(a)(ii);  
(f) what constitutes or does not constitute "negligible " and "minimal " for the purposes of 
sub-paragraph (1)(c)(i) or (ii);  
(g) how it is to be determined for those purposes whether those thresholds have been exceeded;  
(h) what constitutes or does not constitute "the market for like goods for consumption in the United 
Kingdom " and a UK industry’s "share " of that market for the purposes of sub -paragraphs (1)(d) and 
(2); 
(i) how any of those matters are to be determined for the purposes of sub -paragraphs (1)(d) and 
(2). 
  (4)  In the case of an application under sub -paragraph (1)(a)(i), if any of the requir ements 
of sub -paragraph (1)(b) to (d) in respect of a dumping or a subsidisation investigation (as the case 
may be) are not met, the Secretary of State must reject the application and notify the applicant 
accordingly.  
  (5)  If the requirements of sub -paragraph (1)(a) to (d) in respect of a dumping 
investigation are met, the Secretary of State must —  
(a) in the case of an application under sub -paragraph (1)(a)(i), accept the application,  
(b) notify the governments of the relevant foreign countries or terri tories,  
(c) initiate the investigation,  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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  (d) publish notice of the decision to initiate the investigation (including notice of the goods which 
are the subject of the investigation), and  
(e) notify interested parties (see paragraph 32(3)) accordingly.  
  (6)  If the requirements of sub -paragraph (1)(a) to (d) in respect of a subsidisation 
investigation are met, the Secretary of State must —  
(a) in the case of an application under sub -paragraph (1)(a)(i), accept the application,  
(b) after the governments of the  relevant foreign countries or territories have been invited to 
participate in consultations, initiate the investigation,  
(c) publish notice of the decision to initiate the investigation (including notice of the goods which are 
the subject of the investiga tion), and  
(d) notify interested parties accordingly.  
  (7)  "Relevant foreign country or territory " means —  
(a) in the case of a potential dumping investigation, the exporting foreign country or territory (within 
the meaning of paragraph 1(2)) of the alle ged dumped goods;  
(b) in the case of a potential subsidisation investigation, a foreign country or territory within whose 
territory is located a foreign authority which is alleged to have granted one or more of the subsidies 
in question.  
  (8)  Notices und er sub -paragraphs (5)(d) and (e) and (6)(c) and (d) must specify the date 
of the initiation of the investigation.  
  (9)  Nothing in this paragraph prevents the Secretary of State initiating both a dumping 
investigation and a subsidisation investigation in  relation to the same goods if the requirements of 
sub-paragraph (1)(a) to (d) are met in the case of each investigation.”.  
4. Paragraph 11 (provisional affirmative determinations and final affirmative or negative 
determinations) of Schedule 4 to the Act has  effect as if —  
(a) in sub -paragraphs (3), (4) and (6)(b), for "it", in each place where it occurs, there were 
substituted "the Secretary of State "; 
(b) in sub -paragraph (8)(a), for "its", there were substituted "the"; and  
(c) in sub -paragraph (8)(b), "the Secretary of State and " were omitted.  
5. Paragraph 12 (termination of a dumping or a subsidisation investigation) of Schedule 4 to the 
Act has effect as if, for that paragraph, there were substituted —  
 "12.  A dumping or a s ubsidisation investigation in relation to goods terminates (if it has not 
already terminated by virtue of provision made under paragraph 10(1)) —  
(a) in a case where the Secretary of State makes a final negative determination in relation to the 
goods, when  notice of that determination is published under paragraph 11(8)(a),  
(b) in a case where the Secretary of State makes a final affirmative determination in relation to the 
goods and determines that there is no preliminary decision which the Secretary of Sta te could make 
under paragraph 17(3) or  (4) in relation to them, when notice of that determination is published 
under paragraph 17(10)(b),  
(c) in a case where the Secretary of State makes a final affirmative determination in relation to the 
goods, and makes  a preliminary decision under paragraph 17(3) or (4) in relation to them, but G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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  decides not to give effect to the preliminary decision, when notice of that decision is published under 
paragraph 20(3)(a), or  
(d) in a case where the Secretary of State makes a final affirmative determination in relation to the 
goods, and makes a preliminary decision under paragraph 17(3) or (4) in relation to them, which 
the Secretary of State decides to give effect to, at the end of the day of publication of the public 
notice u nder section 13 giving effect to the preliminary decision. " 
Modifications to Part 3 (provisional remedy: requiring a guarantee)  
6. Part 3 of Schedule 4 (provisional remedy: requiring a guarantee) to the Act has effect as if, for 
that Part, there were substitu ted—  
  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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  "PART  3 PROVISIONAL R EMEDY: REQUIRING A G UARANTEE  
 Secretary of State’s power to make a preliminary decision to require a guarantee  
  13.—(1)  This paragraph applies where the Secretary of State makes a provisional 
affirmative determination in relation to goods which are the subject of a dumping or a 
subsidisation investigation.  
  (2) Goods in relation to which that determination is made ar e referred to in this 
paragraph as relevant goods.  
  (3) The Secretary of State may make a preliminary decision —  
(a) in the case of a dumping investigation that, in respect of all the relevant goods, all importers of 
those goods should be required to give a guarantee in respect of any additional amount of import 
duty which would have been applicable, or potentially applicable, to the goods under section 13 if 
an anti -dumping amount had been applied to the goods based on the provisional affi rmative 
determination ( "an estimated anti -dumping amount "), or 
(b) in the case of a subsidisation investigation that, in respect of all the relevant goods, all importers 
of those goods should be required to give a guarantee in respect of any additional amo unt of import 
duty which would have been applicable, or potentially applicable, to the goods under section 13 if a 
countervailing amount had been applied to the goods based on the provisional affirmative 
determination ( "an estimated countervailing amount "). 
  (4) The Secretary of State may make a preliminary decision under sub -
paragraph  (3) only if the Secretary of State is satisfied that requiring a guarantee in 
accordance with the preliminary decision —  
(a) is necessary to prevent injury being caused duri ng the investigation to a UK industry in the 
relevant goods, and  
(b) meets the economic interest test (see paragraph 25).  
  (5) The Secretary of State may make different preliminary decisions under 
sub paragraph  (3) for different relevant goods or descriptions of relevant goods, 
including by reference to —  
(a) specified overseas exporters or descriptions of overseas exporter;  
(b) specified foreign countries or territories or descriptions of foreign countries or te rritories.  
  (6) But the Secretary of State may only make one preliminary decision under 
paragraph (a) or, as the case may be, paragraph (b) of sub -paragraph (3) in relation 
to any particular relevant good.  
  (7) And the Secretary of State may make differ ent preliminary decisions under 
paragraph (a) or (b) of sub -paragraph (3) for different relevant goods or descriptions 
of relevant goods only if the preliminary decisions which the Secretary of State 
makes under that paragraph when taken together cover all  the relevant goods.  
  (8) If the Secretary of State determines that there are one or more preliminary 
decisions which the Secretary of State could make under paragraph (a) or, as the 
case may be paragraph  (b), of sub -paragraph (3), the Secretary of State  must make 
that preliminary decision or those preliminary decisions (subject to sub -
paragraphs  (6) and (7)).  
  (9) If the Secretary of State determines that there is no preliminary decision which 
the Secretary of State could make under sub -paragraph (3), the Secretary of State 
must—  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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  (a) publish notice of the provisional affirmative determination in relation to the goods,  
(b) publish notice of the determination that there is no preliminary decision which the Secretary of 
State could make under sub -paragrap h (3), and  
(c) notify interested parties (see paragraph 32(3)) accordingly.  
 Preliminary decisions to require a guarantee  
  14.—(1)  A preliminary decision under paragraph 13(3) to require the giving of a 
guarantee in respect of goods must specify those go ods and include —  
(a) the Secretary of State 's preliminary decision regarding — 
 (i) the form of the guarantee,  
 (ii) the estimated anti -dumping amount or the estimated countervailing amount for the 
purpose of calculating the amount of the guarantee,  
 (iii) the amount of the guarantee,  
 (iv) the period during which the requirement to give a guarantee should apply, and  
(b) such other content as regulations may require.  
  (2) The form of guarantee referred to in sub -paragraph (1)(a)(i) may be cash, a 
bond or a bank guarantee.  
  (3) The preliminary decision referred to in sub -paragraph (1)(a)(ii) must be such 
that the estimated anti -dumping amount or an estimated countervailing does not 
exceed —  
(a) the margin of dumping or, as the case may be, the amount of the subsidy, in relation to the 
goods as determined by the Secretary of State as part of the provisional affirmative determination, 
or 
(b) the amount which the Secretary of State is satisfied would be adequate to remove the injury to 
a UK industry in th e goods if that amount is less than the margin of dumping or, as the case may 
be, the amount of the subsidy referred to in paragraph (a).  
  (4) Regulations may make provision for the purposes of sub -paragraph (3)(b) about 
how the amount which the Secretary  of State is satisfied would be adequate to 
remove the injury described in that provision is to be determined.  
  (5) The period referred to in sub -paragraph (1)(a)(iv) —  
(a) must not exceed 6 months in the case of a dumping investigation (but see paragrap h 16 
regarding extensions), or 4 months in the case of a subsidisation investigation, and  
(b) if the Secretary of State decides to give effect to the preliminary decision, must begin — 
 (i) on the day after the date of publication of the notice under paragr aph 15(4)(b),  or 
 (ii) if later, on the day which is the day after the end of the period of 60 days beginning with 
the date of the initiation of the investigation.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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   Secretary of State’s decision whether to give effect to a preliminary decision to 
require a guarantee  
  15.—(1)  If the Secretary of State makes a preliminary decision under paragraph 13(3), 
the Secretary of State must decide whether to give effect to the preliminary decision.  
  (2) The Secretary of State may decide not to give effect to the preliminary decision 
only if the Secretary of State is satisfied that it is not in the public interest to give 
effect to it.  
  (3) If the Secretary of State decides not to give effect to the preliminary decision, 
the Secretary of State must —  
(a) p ublish notice of the provisional affirmative determination in relation to the goods, of the 
preliminary decision and of the decision not to give effect to it,  
(b) notify interested parties (see paragraph 32(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  
  (4) If the Secretary of State decides to give effect to the preliminary decision, the 
Secretary of State must —  
(a) publish notice of the pro visional affirmative determination in relation to the goods and of the 
preliminary decision,  
(b) publish a notice that all importers of the goods specified in the preliminary decision are required 
to give a guarantee in accordance with the preliminary deci sion and regulations under paragraph 6 
of Schedule 6, and  
(c) notify interested parties accordingly.  
  (5) The notice under sub -paragraph (4)(b) must —  
(a) specify, in accordance with the preliminary decision, the matters referred to in 
paragraph  14(1)(a)( i) to (iv), and  
(b) include such other content as regulations may require.  
  (6) For the purposes of this Schedule, "the period of a provisional remedy " in respect 
of goods means the period during which the requirement to give a guarantee in 
respect of the  goods applies.  
  (7) The period of a provisional remedy in respect of goods ceases (if it has not 
already expired) when the dumping investigation or, as the case may be, the 
subsidisation investigation in relation to the goods terminates.  
 Extension of the period of a provisional remedy in a dumping investigation  
  16.—(1)  Regulations may make provision for, or in connection with, the extension by the 
Secretary of State, in accordance with a preliminary decision made by the Secretary of 
State, of the pe riod of a provisional remedy which has been applied in respect of goods in 
the case of a dumping investigation.  
  (2) Any such extension must not result in the period of the provisional remedy being 
a period of more than 9 months beginning with the date w hen the requirement to 
give a guarantee in respect of goods first applied.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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    (3) The regulations must require that if the period of a provisional remedy is 
extended, the Secretary of State —  
(a) publishes a revised notice under paragraph 15(4)(b) containi ng the revised period of the 
provisional remedy, and  
(b) notifies interested parties (see paragraph 32(3)) accordingly. ". 
Modifications to Part 4 (definitive remedies: anti -dumping amount or countervailing 
amount)  
 7.  Paragraph 17 (TRA’s duty to recommend  an anti -dumping amount or countervailing amount) 
of Schedule 4 to the Act has effect as if —  
(a) for the heading of that paragraph, there were substituted — 
 "Secretary of State’s power to make a preliminary decision regarding the application 
of an anti-dumping amount or a countervailing amount "; and  
(b) for that paragraph, there were substituted — 
  "17.—(1) This paragraph applies where the Secretary of State makes a final affirmative 
determination in relation to goods which are the subject of a dump ing or a subsidisation 
investigation.  
  (2) Goods in relation to which that determination is made are referred to in this 
paragraph as relevant  goods.  
  (3) In the case of a dumping investigation, the Secretary of State may make a 
preliminary decision —  
(a) that an additional amount of import duty (referred to in this Schedule as an "anti-dumping 
amount ") should be applicable for a specified period to all the relevant goods except, in the case of 
goods in respect of which an undertaking is accepted under provision made by or under Part 5, 
during any period when the undertaking applies, and  
(b) regarding the anti -dumping amount that should be applicable to the relevant goods.  
  (4) In the case of a subsidisation investigation, the Secretary o f State may make a 
preliminary decision —  
(a) that an additional amount of import duty (referred to in this Schedule as a "countervailing 
amount ") should be applicable for a specified period to all the relevant goods except, in the case of 
goods in respec t of which an undertaking is accepted under provision made by or under Part 5, 
during any period when the undertaking applies, and  
(b) regarding the countervailing amount that should be applicable to the relevant goods.  
  (5) The Secretary of State may mak e a preliminary decision under 
sub-paragraph  (3) or (4) only if the Secretary of State is satisfied that the 
application of an anti -dumping amount or a countervailing amount in accordance 
with the preliminary decision meets the economic interest test (see paragraph 25).  
  (6) The Secretary of State may make different preliminary decisions under 
sub-paragraph (3) or (4) for different relevant goods or descriptions of relevant 
goods, including by reference to —  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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  (a) specified overseas exporters or description s of overseas exporters;  
(b) specified foreign countries or territories or descriptions of foreign countries or territories.  
  (7) But the Secretary of State may only make one preliminary decision under 
sub-paragraph (3) or, as the case may be, sub -paragra ph (4) in relation to any 
particular relevant good.  
  (8) And the Secretary of State may make different preliminary decisions under 
sub-paragraph (3) or (4) for different relevant goods or descriptions of relevant 
goods only if the preliminary decisions w hich the Secretary of State makes under 
that sub -paragraph when taken together cover all the relevant goods.  
  (9) If the Secretary of State determines that there are one or more preliminary 
decisions which the Secretary of State could make under sub -paragraph (3) or, as 
the case may be, sub -paragraph (4), then the Secretary of State must make that 
preliminary decision or those preliminary decisions (subject to sub -paragraphs (7) 
and (8)).  
  (10) If the Secretary of State determines that there is no preli minary decision that 
the Secretary of State could make under sub -paragraph (3) or (4) (as the case may 
be), the Secretary of State must —  
(a) publish notice of the final affirmative determination in relation to the goods,  
(b) publish notice of the determin ation that there is no preliminary decision which the Secretary of 
State could make under sub -paragraph (3) or (4), and  
(c) notify interested parties (see paragraph 32(3)) accordingly. ". 
 8.  Paragraph 18 (TRA’s  recommendations about an anti -dumping amount or a countervailing 
amount) of Schedule 4 to the Act has effect as if —  
(1) for the heading of that paragraph, there were substituted —  
 "Secretary of State’s preliminary decisions regarding the application of an anti -
dumping amount or a countervailing amount "; and  
(2) for that paragraph, there were substituted —  
  "18.—(1)  This paragraph applies to a preliminary decision made by the Secretary of State 
under paragraph 17(3) or (4) in relation to goods.  
  (2) The specified period referred to in paragraph 17(3)(a) or (4)(a) —  
(a) must be a period of 5 years unless the Secretary of State considers that a lesser period is 
sufficient to counteract — 
 (i) the dumping of the goods which has caused or is causing injury to a UK industry in the 
goods, or  
 (ii) the importation of the subsidised goods which has caused or is causing injury to a UK 
industry in the goods, and  
(b) if the Secretary of State decides to give effect to the preliminary decision, must begin on the 
day after the date of publication of the public notice under section 13 giving effect to the preliminary 
decision (see paragraph 20(4)(c)) unless the Secretary of State is authorised by regulations made 
under paragraph 19 to determine a date before then.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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    (3) In the case of a determination of such a prior date made by virtue of 
paragraph  19, the reference in sub -paragraph (2)(a) to a period of 5 years is to be 
read as a reference to a period of 5 years plus the relevant period (within the 
meaning of paragraph  19).  
  (4) See also paragraph 21 regarding the possibility, following a review, of 
extensions or variations to the period for which an anti -dumping amount or 
countervailing amount applies to goods.  
  (5) The preliminary decision referred to in paragraph  17(3)(b) or (4)(b) regarding 
the anti -dumping amount or a countervailing amount that should be applicable to 
goods, may be made by reference to either or both of the following —  
(a) the value of the goods, and  
(b) the weight or volume of the goods or any other measure of their quantity or size.  
  (6) But that preliminary decision must be such that an anti -dumping amount or a 
countervailing amount applicable to goods does not exceed —  
(a) the margin of dumping or, as the case may be, the amount of the subsi dy, in relation to the 
goods, or  
(b) the amount which the Secretary of State is satisfied would be adequate to remove the injury to 
a UK industry in the goods if that amount is less than the margin of dumping or, as the case may 
be, the amount of the subsi dy referred to in paragraph (a).  
  (7) Regulations may make provision for the purposes of sub -paragraph (6)(b) about 
how the amount which the Secretary of State is satisfied would be adequate to 
remove the injury described in that provision is to be determ ined.  
  (8) A preliminary decision made under paragraph 17(3) or (4) must include such 
other content as regulations may require. ".  
 9.  Paragraph 19 of Schedule 4 to the Act has effect as if, for that paragraph, there were 
substituted —  
  "19.—(1)  Regulations may make provision authorising the Secretary of State, in specified 
circumstances, to make a determination, as part of a prelimin ary decision under 
paragraph  17(3) or (4), that the specified period for which an anti -dumping amount or a 
countervailing amount should apply to goods begins on a date ( "the relevant date ") before 
the day after the date of publication of the public notice under section 13 giving effect to 
the preliminary decision.  
  (2) Such a preliminary decision may only be made in relation to goods in respect of 
which a requirement to give a guarantee under paragraph 15 is applied ( "the 
provisional remedy ").  
  (3) "The relevant date " must be —  
(a) in a case where a notice under paragraph 29(1) (registration) has been published in respect of 
the goods — 
 (i) a date during the period of 90 days before the beginning of the period of the provisional 
remedy provided it is not  a date before the date of publication of that notice, or  
 (ii) a date during the period of the provisional remedy, or  
(b) in any other case, a date during the period of the provisional remedy.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 13 - 
    (4) Regulations may provide that, in the case of a prelimina ry decision made by 
virtue of sub -paragraph (1), the preliminary decision as to the anti -dumping amount 
or a countervailing amount must be such that an anti -dumping amount or a 
countervailing amount applicable for all or part of the relevant period must no t 
exceed a particular amount.  
  (5) "The relevant period” is the period —  
(a) beginning with the relevant date, and  
(b) ending with the date of publication of the public notice under section 13 giving effect to the 
preliminary decision. ". 
 10.  Paragraph 20 (Secretary of State’s power to accept or reject a recommendation) of 
Schedule 4 to the Act has effect as if —  
(a) for the heading of that paragraph, there were substituted — 
 "Secretary of State 's decision whether to give effect to a preliminary decision  
regarding the application of an anti -dumping amount or a countervailing amount "; 
and 
(b) for that paragraph, there were substituted — 
  "20.—(1)  If the Secretary of State makes a preliminary decision under paragraph 17(3) 
or (4), the Secretary of State mu st decide whether to give effect to the preliminary 
decision.  
  (2) The Secretary of State may decide not to give effect to the preliminary decision 
only if the Secretary of State is satisfied that it is not in the public interest to give 
effect to it.  
  (3) If the Secretary of State decides not to give effect to the preliminary decision, 
the Secretary of State must —  
(a) publish notice of the final affirmative determination in relation to the goods, of the preliminary 
decision, and of the decision not t o give effect to it,  
(b) notify interested parties (see paragraph 32(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  
  (4) If the Secretary of State d ecides to give effect to the preliminary decision, the 
Secretary of State —  
(a) must publish notice of the final affirmative determination in relation to the goods, of the 
preliminary decision, and of the decision to give effect to it,  
(b) must notify inte rested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the preliminary 
decision.  
  (5) See paragraphs 21 and 22 for variation or revocation of the application of an 
anti-dumping amount or a cou ntervailing amount. ".  
 11.  Paragraph 21 (reviews of continuing application of an anti -dumping amount or a 
countervailing amount) of Schedule 4 to the Act has effect as if, for sub -paragraphs (6) to (10) of 
that paragraph, there were substituted —  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 14 - 
    "(6) Regulations may make provision for or in connection with the Secretary of 
State —  
(a) making a preliminary decision that the application of an anti -dumping amount or a countervailing 
amount to goods should be varied or revoked, and  
(b) deciding whether to give effect to such a preliminary decision.  
  (7) Where, by virtue of provision made under sub -paragraph (6), the Secretary of 
State decides to give effect to a preliminary decision that the application of an anti -
dumping amount or a countervailing amount to goods should be varied or revoked, 
the Secr etary of State —  
(a) must publish notice of the preliminary decision and of the decision to give effect  to it, 
(b) must notify interested parties (see paragraph 32(3)) accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the preliminary 
decision.  
  (8) Where the Secretary of State makes a preliminary decision to vary the 
application of an anti -dumping amount or a countervailing amount to goods, by 
virtue of regulations under sub -paragraph (6), such a decisio n may among other 
things include —  
(a) varying the goods or descriptions of goods to which an anti -dumping amount or a countervailing 
amount is applicable (including so that it is applicable to goods or descriptions of goods to which it 
has not previously been applicable);  
(b) varying the period for which an anti -dumping amount or a countervailing amount is applicable 
(including extending it beyond the period referred to in paragraph 18(2)(a));  
(c) varying an anti -dumping amount or a countervailing amount.  
  (9) Regulations under sub -paragraph (6) may provide that the Secretary of State 
may decide that the application of an anti -dumping amount or a countervailing 
amount as varied should be applicable to goods from a date ( "the relevant date ") 
before the date  of publication of the public notice under section 13 giving effect to 
the preliminary decision.  
  (10) Such a decision may only be made if —  
(a) a notice under paragraph 29(1) (registration) has been published in respect of the goods, and  
(b) the relevan t date is not a date before the date of publication of that notice.”.  
Modifications to Part 5 (undertakings)  
 12.  Paragraph 23 (acceptance of undertakings) of Schedule 4 to the Act has effect as if —  
(a) for sub -paragraph (1), there were substituted — 
  "(1) Where the Secretary of State makes a preliminary decision under paragraph 17(3) 
or (4) that an anti -dumping am ount or a countervailing amount should be applicable to 
goods, the Secretary of State may also —  
   (a) request an undertaking in respect of the goods, and  
 (b) accept an undertaking in respect of the goods (whether as a result of a request 
made under par agraph (a) or otherwise). "; and  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 15 - 
  (b) for sub -paragraphs (4) to (6), there were substituted — 
 "(4) Regulations may make provision about —  
   (a) requests for undertakings under sub -paragraph (1), and  
 (b) the acceptance of undertakings (whether as a result of a request made under 
sub-paragraph  (1)(a) or otherwise).  
 (5) The regulations must secure that the Secretary of State may request an undertaking 
in respect of goods only —  
 (a) at a time after the Secretary of State has made a provisional affirmative 
determination in relation to the goods, and  
   (b) if such other requirements as the regulations may specify are met.  
 (6) The regulations must secure that the Secretary of State may accept an undertaking 
in respect of goods only if satisfied that —  
   (a) the undertaking is sufficient to eliminate the injurious effect of — 
    (i) the dumping of the goods to a UK industry in those goods, or  
    (ii) the importation of the subsidised goods to a UK industry in those goods,  
 (b) acceptance of the undertaking m eets the economic interest test 
(see paragraph  25), and 
   (c) it is appropriate to accept the undertaking. ". 
 13.  Paragraph 24 (reviews of undertakings  etc) of Schedule 4 to the Act has effect as if 
sub-paragraph (4) were omitted.  
Modifications to Part 6 (supplementary)  
 14.  Paragraph 25 (the economic interest test) of Schedule 4 to the Act has effect as if —  
(a) in sub -paragraphs (1), (3) and (4), "the TRA or ", in each place this occurs, were omitted;  and 
(b) in sub -paragraphs (3) and (4)(b), ", as the case may be, " were omitted.  
 15.  Paragraph 26 (suspension of anti -dumping or anti -subsidy remedies) of Schedule 4 to the 
Act has effect as if —  
(a) in sub -paragraph (1) — 
 (i) for "recommending to the Secreta ry of State ", there were substituted "making a preliminary 
decision "; 
 (ii) for "accepting or rejecting such a recommendation ", there were substituted "deciding 
whether to give effect to such a preliminary decision "; 
(b) in sub -paragraph (2), for "recommen dation to the Secretary of State ", there were substituted 
"preliminary decision "; and  
(c) in sub -paragraph (6) — 
 (i) for "accepts a recommendation ", there were substituted "decides to give effect to a 
preliminary decision "; G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 16 - 
   (ii) in paragraph (a), for "recommendation and of the acceptance of it ", there were substituted 
"preliminary decision and of the decision to give effect to it "; and  
 (iii) in paragraph (c), for "recommendation ", at the end, there were substituted "preliminary 
decision ". 
 16.  Paragraph 32 (interpretation) of Schedule 4 to the Act has effect as if, in 
sub-paragraph  (1), in the definition of "the period of a provisional remedy ", for "paragraph 15(7) ", 
there were substituted "paragraph 15(6) ".  
  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 17 - 
  PART 4 FURTHER MODIF ICATIONS TO SCHEDULE 5 TO THE AC T 
Modifications to Part 2 (safeguarding investigations)  
 17.  Paragraph 7 (initiation of a safeguarding investigation) of Schedule 5 to the Act has effect 
as if, for that paragraph, there were substituted —  
  "7.—(1)  The Secretary of S tate may initiate a safeguarding investigation in relation to 
goods only if —  
(a) the Secretary of State — 
 (i) is requested to initiate an investigation in an application made by or on behalf UK producers 
of the goods ( "the applicant UK producers "), or 
 (ii) decides that an investigation should be initiated in the absence of such an application,  
(b) the Secretary of State is satisfied that the application contains sufficient evidence (or, if 
sub-paragraph (1)(a)(i) does not apply, that there is otherwise sufficient evidence), that — 
 (i) the goods have been or are being imported into the United Kingdom in increased quantities, 
and 
 (ii) the importation of the goods in increased quantities has caused or is causing serious injury 
to UK producers of those goods,  
(c) the market share requirement is met or the Secretary of State waives the requirement, and  
(d) (i) in the case of an application under sub -paragraph (1)(a)(i), the application is accompanied 
by a preliminary adjustment plan or the Secretary of State waives the requirement for the application 
to be accompanied by such a plan,  or 
 (ii) in the case of a decision under sub -paragraph (1)(a)(ii), a preliminary adjustment plan 
has been prepared by, or on behalf of, the Secretary of Sta te or the Secretary of State waives the 
requirement for such a plan to be prepared.  
 (2) The market share requirement is met if —  
(a) in the case of an application under sub -paragraph (1)(a)(i), the Secretary of State is satisfied 
that the applicant UK pro ducers have a share of the market for like goods and directly competitive 
goods for consumption in the United Kingdom (whether produced there or elsewhere) which is 
sufficient to justify initiating the investigation;  
(b) in the case of a decision under sub -paragraph (1)(a)(ii), the Secretary of State is satisfied that 
UK producers of the goods have a share of the market for like goods and directly competitive goods 
for consumption in the United Kingdom (whether produced there or elsewhere) which is sufficie nt to 
justify initiating the investigation.  
 (3) A preliminary adjustment plan is —  
(a) in the case of an application under sub -paragraph (1)(a)(i), a plan setting out how the applicant 
UK producers think they might be able to adjust to the importation of the goods in increased 
quantities;  
(b) in the case of a decision under sub -paragraph (1)(a)(ii), a plan setting out how UK producers of 
the goods might be able to adjust to the importation of the goods in increased quantities.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 18 - 
   (4) Regulations may make pro vision about —  
(a) what constitutes or does not constitute an application made by or on behalf of UK producers for 
the purposes of sub -paragraph (1)(a)(i);  
(b) when an application is made for the purposes of sub -paragraph (1)(a)(i);  
(c) the information to be contained in such an application;  
(d) the time limit for determining such an application;  
(e) the Secretary of State’s assessment of any information obtained or held by the Secretary of 
State for the purposes of a decision under sub -paragraph (1)(a)(ii) ; 
(f) the form and content of a preliminary adjustment plan;  
(g) what constitutes or does not constitute "the market for like goods and directly competitive goods 
for consumption in the United Kingdom " and UK producers ' "share " of that market for the purpo ses 
of sub -paragraphs (1)(c) and (2);  
(h) how any of those matters are to be determined for the purposes of sub -paragraphs (1)(c) and 
(2). 
 (5) In the case of an application under sub -paragraph (1)(a)(i), if any of the 
requirements of sub -paragraph (1)(b) to (d) in respect of a safeguarding 
investigation are not met, the Secretary of State must reject the application and 
notify the applicant accordingly.  
 (6) If the requirements of sub -paragraph (1)(a) to (d) in respect of a safeguarding 
investigation are met, the Secretary of State must —  
(a) in the case of an application under sub -paragraph (1)(a)(i), accept the application,  
(b) initiate the investigation,  
(c) publish notice of the decision to initiate the investigation (including notice of the goods whic h are 
the subject of the investigation), and  
(d) notify interested parties (see paragraph 31(3)) accordingly.  
 (7) Notices under sub -paragraph (6)(c) and (d) must specify the date of the 
initiation of the investigation. ".  
 18.  Paragraph 9 (provisional affirmative determinations and final affirmative or negative 
determinations) of Schedule 5 to the Act has effect as if —  
(a) in sub -paragraphs (2), (3) and (5)(b), for “it”, in each place where it occurs, there were 
substituted "the Secretary of State "; 
(b) in sub -paragraph (7)(a), for "its" there were substituted "the"; and  
(c) in sub -paragraph (7)(b), "the Secretary of State and " were omitted.  
 19.  Paragraph 10 (termination of a safeguarding investigation) of Schedule 5 to the Act has 
effect as if, for that paragraph, there were substituted —  
 "10.  A safeguarding investigation in relation to goods terminates (if it has not already 
terminated by virtue of provision made under paragraph 8(1)) —  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 19 - 
  (a) in a case where the Secretary o f State makes a final negative determination in relation to the 
goods, when notice of that determination is published under paragraph 9(7)(a),  
(b) in a case where the Secretary of State makes a final affirmative determination in relation to the 
goods and d etermines that there is no preliminary decision which the Secretary of State could make 
under paragraph 16(3) in relation to them, when notice of that determination is published under 
paragraph 16(11)(b),  
(c) in a case where the Secretary of State makes a final affirmative determination in relation to the 
goods, and makes a preliminary decision under paragraph 16(3) in relation to them, but decides not 
to give effect to that preliminary decision, when notice of that decision is published under 
paragraph  19(3)(a) or 20(3)(a), or  
(d) in a case where the Secretary of State makes a final affirmative determination in relation to the 
goods, and makes a preliminary decision under paragraph 16(3) in relation to them, which the 
Secretary of State decides to give effe ct to, at the end of the day of publication of the public notice 
under section 13 giving effect to the preliminary decision. ". 
Modifications to Part 3 (provisional remedies: provisional safeguarding amount & 
provisional tariff rate quotas)  
 20.  Part 3 of Schedule 5 (provisional remedies: provisional safeguarding amount & provisional 
tariff rate quotas) to the Act has effect as if, for that Part, there were substituted —  
"PART  3 PROVISIONAL REMEDIES: PROVISIONAL SAFEGUARDING AMOUNT & 
PROVISIONAL  TARIFF RATE QUOTAS  
 Secretary of State’s power to make a preliminary decision regarding the 
application of a provisional safeguarding amount or a provisional tariff rate quota  
  11.—(1)  This paragraph applies where the Secretary of State makes a provisio nal 
affirmative determination in relation to goods which are the subject of a safeguarding 
investigation.  
 (2) Goods in relation to which that determination is made are referred to in this 
paragraph as relevant goods.  
 (3) The Secretary of State may make a preliminary decision —  
(a) that an additional amount of import duty (referred to in this Schedule as a "provisional 
safeguarding amount ") should be applicable for a specified period to all the relevant goods or to 
specified relevant goods;  
(b) that all the relevant goods, or specified relevant goods, should be subject to a quota for a 
specified period during which a lower rate of import duty should be applicable to imports of goods 
within the amount of the quota than is applicable to imports of goods outside the amount of the 
quota (referred to in this Schedule as a "provisional tariff quota "). 
 (4) Where the Secretary of State makes a preliminary decision under 
sub-paragraph (3)(a) in relation to relevant goods the Secretary of State must, 
as part of that decision, make a preliminary decision regarding the provisional 
safeguarding amount that should be applica ble to those goods.  
 (5) The Secretary of State may make a preliminary decision under 
sub-paragraph (3) only if the Secretary of State is satisfied that applying a 
provisional safeguarding amount to relevant goods, or making relevant goods 
subject to a pr ovisional tariff rate quota, in accordance with the preliminary 
decision —  
(a) is necessary to prevent serious injury which it would be difficult to repair from being caused 
during the investigation to UK producers of the goods, and  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 20 - 
  (b) meets the economic  interest test (see paragraph 23).  
 (6) The Secretary of State may only make a preliminary decision under one or 
other of paragraphs (a) and (b) of sub -paragraph (3) in relation to any particular 
relevant good.  
 (7) The Secretary of State may make a preli minary decision under paragraph (a) 
or (b) of sub -paragraph (3) in relation to specified relevant goods (rather than 
all the relevant goods) only if the preliminary decisions the Secretary of State 
makes under that sub -paragraph, when taken together, cover  all the relevant 
goods.  
 (8) If the Secretary of State determines that there are one or more preliminary 
decisions which the Secretary of State could make under sub -paragraph (3) in 
relation to all the relevant goods, or that there are one or more prelim inary 
decisions which the Secretary of State could make under sub -paragraph (3) in 
relation to specified relevant goods, the Secretary of State must make that 
preliminary decision or one of those preliminary decisions (subject to 
sub-paragraphs (6) and (7) ).  
 (9) If the Secretary of State determines that there is no preliminary decision 
which the Secretary of State could make under sub -paragraph (3), the Secretary 
of State must —  
(a) publish notice of the provisional affirmative determination in relation t o the goods,  
(b) publish notice of the determination that there is no preliminary decision which the Secretary of 
State could make under sub -paragraph (3), and  
(c) notify interested parties (see paragraph 31(3)) accordingly.  
 Secretary of State’s preliminary decisions about a provisional safeguarding 
amount  
  12.—(1)  This paragraph applies to a preliminary decision made by the Secretary of 
State under paragraph 11(3)(a) in relation to goods.  
 (2) The specified period referred to in paragraph 11(3 )(a)—  
(a) must not exceed 200 days, and  
(b) if the Secretary of State decides to give effect to the preliminary decision, must begin on the 
day after the date of publication of the public notice under section 13 giving effect to the preliminary 
decision.  
 (3) A preliminary decision under paragraph 11(3)(a) regarding a provisional 
safeguarding amount that should be applicable to goods (see paragraph  11(4)) 
may be made by reference to either or both of the following —  
(a) the value of the goods, and  
(b) the weight or volume of the goods or any other measure of their quantity or size.  
 (4) But that preliminary decision must be such that a provisional safeguarding 
amount applicable to goods does not exceed the amount which the Secretary of 
State is satisfied is necessary to prevent serious injury which it would be difficult 
to repair from  being caused during the investigation to UK producers of the 
goods.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
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   (5) Regulations may make provision for the purposes of sub -paragraph (4) about 
how the amount which the Secretary of State is satisfied is necessary to prevent 
the serious injury descri bed in that provision is to be determined.  
 (6) A preliminary decision under paragraph 11(3)(a), must include such other 
content as regulations may require.  
 Secretary of State’s preliminary decisions regarding provisional tariff rate quotas  
  13.—(1)  This paragraph applies to a preliminary decision made by the Secretary of 
State under paragraph 11(3)(b) in relation to goods.  
 (2) The specified period referred to in paragraph 11(3)(b) —  
(a) must not exceed 200 days, and  
(b) if the Secretary of State dec ides to give effect to the preliminary decision, must begin on the 
day after the date of publication of the public notice under section 13 giving effect to the preliminary 
decision.  
 (3) The preliminary decision must (in addition to the specified period) i nclude —  
(a) the amount of the quota,  
(b) how the quota should be allocated,  
(c) the rates of import duty that should be applied to goods subject to the quota, and  
(d) such other content as regulations may require.  
 (4) The things decided by the Secretary of State by virtue of 
sub-paragraph  (3)(a) to (c) must be such as the Secretary of State is satisfied 
are necessary to prevent serious injury which it would be difficult to repair from 
being caused during the investigation to UK producers of the goods.  
 (5) Regulations may make provision for the purposes of sub -paragraph (4) about 
how the things which the Secretary of State is satisfied are necessary to prevent 
the serious injury described in that provision are to be determined.  
 Secretary of State’s powe r to apply a provisional safeguarding amount  
  14.—(1)  If the Secretary of State makes a preliminary decision under 
paragraph  11(3)(a), the Secretary of State must decide whether to give effect to the 
preliminary decision.  
 (2) The Secretary of State may  decide not to give effect to the preliminary 
decision only if the Secretary of State is satisfied that it is not in the public 
interest to give effect to it.  
 (3) If the Secretary of State decides not to give effect to the preliminary decision, 
the Secre tary of State must —  
(a) publish notice of the provisional affirmative determination in relation to the goods, of the 
preliminary decision and of the decision not to give effect to it,  
(b) notify interested parties (see paragraph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 22 - 
   (4) If the Secretary of State decides to give effect to the preliminary decision, 
the Secretary of State —  
(a) must publish notice of the Secretary of State’s provisional affirmative determination in relation 
to the goods, of the preliminary decision and of the decision to give effect to it,  
(b) must notify interested parties accordingly, and  
(c) is required under secti on 13 to make provision by public notice to give effect to the preliminary 
decision.  
 (5) The period for which a provisional safeguarding amount applies to goods 
ceases (if it has not already expired) when the safeguarding investigation in 
relation to the goods terminates.  
 Secretary of State’s power to subject goods to a provisional tariff rate quota  
  15.—(1)  If the Secretary of State makes a preliminary decision under 
paragraph  11(3)(b), the Secretary of State must decide whether to give effect to the 
preliminary decision.  
 (2) The Secretary of State may decide not to give effect to the preliminary 
decision only if the Secretary of State is satisfied that it is not in the public  
interest to give effect to it.  
 (3) If the Secretary of State decides not to give effect to the preliminary decision, 
the Secretary of State must —  
(a) publish notice of the provisional affirmative determination in relation to the goods, of the 
prelimina ry decision and of the decision not to give effect to it,  
(b) notify interested parties (see paragraph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not give effect 
to the preliminary decision.  
 (4) If the Secretary of State decides to give effect to the preliminary decision, 
the Secretary of State —  
(a) must publish notice of the provisional affirmative determination in relation to the goods, of the 
preliminary decision and of the decision to g ive effect to it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the preliminary 
decision.  
 (5) The period for which goods are subject to a provisional tariff rate q uota 
ceases (if it has not already expired) when the safeguarding investigation in 
relation to the goods terminates. ".  
Modifications to Part 4 (definitive remedies: definitive safeguarding amount & tariff rate 
quotas)  
 21.  Paragraph 16 (TRA’s duty to rec ommend a definitive safeguarding amount or tariff rate 
quota) of Schedule 5 to the Act has effect as if —  
(a) for the heading of that paragraph, there were substituted — G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 23 - 
   "Secretary of State’s power to make a preliminary decision regarding the 
application of a definitive safeguarding amount or tariff rate quota "; and  
(b) for that paragraph, there were substituted — 
  "16.—(1)  This paragraph applies where the Secretary of State makes a final 
affirmative determination in relation to goods which ar e the subject of a safeguarding 
investigation.  
 (2) Goods in relation to which that determination is made are referred to in this 
paragraph as relevant goods.  
 (3) The Secretary of State may make a preliminary decision —  
(a) that an additional amount of  import duty (referred to in this Schedule as a "definitive 
safeguarding amount ") should be applicable for a specified period to all the relevant goods or to 
specified relevant goods;  
(b) that all the relevant goods, or specified relevant goods, should be subject to a quota for a 
specified period during which a lower rate of import duty should be applicable to imports of goods 
within the amount of the quota than is applicable to imports of goods outside the amount of the 
quota (referred to in this Schedule as a "tariff rate quota "). 
 (4) Where the Secretary of State makes a preliminary decision under 
sub-paragraph (3)(a) in relation to relevant goods the Secretary of State must, 
as part of the decision, make a preliminary decision regarding the definitive 
safeguarding amount that should be applicable to those goods.  
 (5) The Secretary of State may make a preliminary decision under 
sub-paragraph (3) only if the Secretary of State is satisfied that —  
(a) applying a definitive safeguarding amount to relevant go ods, or making relevant goods subject 
to a tariff rate quota, in accordance with the preliminary decision meets the economic interest test 
(see paragraph 23), and  
(b) there is in place an adjustment plan setting out how UK producers of the relevant goods i ntend 
to adjust to the importation of the goods in increased quantities.  
 (6) But sub -paragraph (5) is to be read as if paragraph (b) were omitted if —  
(a) in the case of an application under paragraph 7(1)(a)(i), the Secretary of State waived the 
requirem ent for the application to initiate a safeguarding investigation in relation to the relevant 
goods to be accompanied by a preliminary adjustment plan, or  
(b) in the case of a decision under paragraph 7(1)(a)(ii), the Secretary of State has waived the 
requirement for a preliminary adjustment plan to be prepared.  
 (7) Regulations may make provision about the form and content of an 
adjustment plan.  
 (8) The Secretary of State may only make a preliminary decision under one or 
other of paragraphs (a) and (b) of  sub-paragraph (3) in relation to any 
particular relevant good.  
 (9) The Secretary of State may make a preliminary decision under 
paragraph  (a) or (b) of sub -paragraph (3) in relation to specified relevant goods 
(rather than all the relevant goods) only if the preliminary decisions which the 
Secretary of State makes under that sub -paragraph, when taken together, 
cover all the relevant goods.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 24 - 
   (10) If the Secretary of State determines that there are one or more preliminary 
decisions which the Secretary of State could make under sub -paragraph (3) in 
relation to all the relevant goods, or that there are one or more preliminary 
decisions which the  Secretary of State could make in relation to specified 
relevant goods, the Secretary of State must make that preliminary decision or 
one of those preliminary decisions (subject to sub -paragraphs (8) and (9)).  
 (11) If the Secretary of State determines th at there is no preliminary decision 
which the Secretary of State could make under sub -paragraph (3) the Secretary 
of State must —  
(a) publish notice of the final affirmative determination in relation to the goods,  
(b) publish notice of the determination th at there is no preliminary decision which the Secretary of 
State could make under sub -paragraph (3), and  
(c) notify interested parties (see paragraph 31(3)) accordingly.”.  
 22.  Paragraph 17 (TRA’s  recommendations about a definitive safeguarding amount) of 
Schedule 5 to the Act has effect as if —  
(a) for the heading of that paragraph, there were substituted — 
 "Secretary of State 's preliminary decisions regarding the application of a 
definitive safeg uarding amount "; and  
(b) for that paragraph, there were substituted — 
  "17.—(1)  This paragraph applies to a preliminary decision made by the Secretary of 
State under paragraph 16(3)(a) in relation to goods.  
 (2) The specified period referred to in paragr aph 16(3)(a) —  
(a) must be such period as the Secretary of State is satisfied is necessary — 
 (i) to remove the serious injury, or to prevent further serious injury, caused by the importation 
of the goods in increased quantities to UK producers of the goods , and 
 (ii) to facilitate the adjustment of those UK producers to the importation of the goods in 
increased quantities,  
(b) must not exceed 4 years (but see paragraph 21 regarding the possibility of extensions or 
variations to that period following a revie w), and  
(c) if the Secretary of State decides to give effect to the preliminary decision, must begin on the day 
after the date of publication of the public notice under section 13 giving effect to the preliminary 
decision.  
 (3) A preliminary decision under  paragraph 16(3)(a) regarding the definitive 
safeguarding amount that should be applicable to goods (see paragraph 16(4)) 
may be made by reference to either or both of the following —  
(a) the value of the goods, and  
(b) the weight or volume of the goods or  any other measure of their quantity or size.  
 (4) But that preliminary decision must be such that —  
(a) a definitive safeguarding amount applicable to goods does not exceed the amount which the 
Secretary of State is satisfied is necessary — G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 25 - 
   (i) to remove serious injury to UK producers of the goods, and  
 (ii) to facilitate the adjustment of those UK producers to the importation of the goods in 
increased quantities, and  
(b) where the specified period referred to in paragraph 16(3)(a) exceeds 1 year, a defini tive 
safeguarding amount applicable to goods becomes progressively smaller as the period progresses.  
 (5) Regulations may make provision for the purposes of sub -paragraph  (4)(a) 
about how the amount which the Secretary of State is satisfied is necessary fo r 
the purposes mentioned is to be determined.  
 (6) A preliminary decision made under paragraph 16(3)(a) must include such 
other content as regulations may require.  
 (7) If a provisional safeguarding remedy has been applied to some or all of the 
goods as part of the same safeguarding investigation, sub -paragraph  (8) 
applies for the purposes of sub -paragraphs (2)(b) and (4)(b).  
 (8) The length of the specified period referred to in paragraph 16(3)(a), so far 
as relating to goods to which a provisi onal safeguarding remedy has been 
applied, is to be treated as extended by the length of the specified period for 
which the Secretary of State decides that a provisional safeguarding remedy 
should be applied to them.  
 (9) Where the application of sub -paragraph (8) results in the length of the 
specified period referred to in paragraph 16(3)(a), so far as relating to goods 
to which a provisional safeguarding remedy has been applied, exceeding 1 year, 
sub-paragraph (4)(b) is to be read as if references to goo ds were references to 
the goods to which the provisional safeguarding remedy has been applied.  
 (10) In this paragraph, references to the application of a provisional 
safeguarding remedy are to —  
(a) applying a provisional safeguarding amount to goods, or  
(b) making goods subject to a provisional tariff rate quota.”.  
 23.  Paragraph 18 (TRA’s  recommendations regarding tariff rate quotas) of Schedule 5 to the 
Act has effect as if —  
(a) for the heading of that paragraph, there were substituted — 
 "Secretary of State 's preliminary decisions regarding tariff rate quotas "; and  
(b) for that paragraph , there were substituted — 
  "18.—(1)  This paragraph applies to a preliminary decision made by the Secretary of 
State under paragraph 16(3)(b) in relation to goods.  
 (2) The specified period referred to in paragraph 16(3)(b) —  
(a) must be such period as t he Secretary of State is satisfied is necessary — 
 (i) to remove the serious injury, or to prevent further serious injury, caused by the importation 
of the goods in increased quantities to UK producers of the goods,  and 
 (ii) to facilitate the adjustment of  those UK producers to the importation of the goods in 
increased quantities,  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 26 - 
  (b) must not exceed 4 years (but see paragraph 21 regarding the possibility of extensions or 
variations to that period following a review), and  
(c) if the Secretary of State decid es to give effect to the preliminary decision, must begin on the day 
after the date of publication of the public notice under section 13 giving effect to the preliminary 
decision.  
 (3) The preliminary decision must (in addition to the specified period) inc lude—  
(a) the amount of the quota,  
(b) how the quota should be allocated,  
(c) the rates of import duty that should be applied to goods subject to the quota, and  
(d) such other content as regulations may require.  
 (4) The things decided by the Secretary of State by virtue of 
sub-paragraph  (3)(a) to (c) —  
(a) must be such as the Secretary of State is satisfied are necessary — 
 (i) to remove serious injury to UK producers of the goods, and  
 (ii) to facilitate the adjustment of those UK producers to  the importation of the goods in 
increased quantities, and  
(b) where the specified period referred to in paragraph 16(3)(b) exceeds 1 year, must be such that 
the amount of import duty applicable to goods subject to the quota becomes progressively smaller 
as the period progresses (whether by increases in the amount of the quota, decreases in the rates 
of import duty, or both).  
 (5) Regulations may make provision for the purposes of sub -paragraph  (4)(a) 
about how the things which the Secretary of State is sat isfied are necessary for 
the purposes mentioned are to be determined.  
 (6) If a provisional safeguarding remedy has been applied to some or all of the 
goods as part of the same safeguarding investigation, sub -paragraph  (7) 
applies for the purposes of sub -paragraphs (2)(b) and (4)(b).  
 (7) The length of the specified period referred to in paragraph 16(3)(b), so far 
as relating to goods to which a provisional safeguarding remedy has been 
applied, is to be treated as extended by the length of the specified p eriod for 
which the Secretary of State decides that a provisional safeguarding remedy 
should be applied to them.  
 (8) Where the application of sub -paragraph (7) results in the length of the 
specified period referred to in paragraph 16(3)(b), so far as rel ating to goods 
to which a provisional safeguarding remedy has been applied, exceeding 1 year, 
sub-paragraph (4)(b) is to be read as if references to goods were references to 
the goods to which the provisional safeguarding remedy has been applied.  
 (9) In this paragraph, references to the application of a provisional safeguarding 
remedy are to —  
(a) applying a provisional safeguarding amount to goods, or  
(b) making goods subject to a provisional tariff rate quota. ". G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 27 - 
   24.  Paragraph 19 (Secretary of State’s power to apply a definitive safeguarding amount) of 
Schedule 5 to the Act has effect as if, for that paragraph, there were substituted —  
  "19.—(1)  If the Secretary of State makes a preliminary decision under 
paragraph  16(3)(a) that a definitive safeguarding amount should be applicable to 
goods, the Secretary of State must decide whether to give effect to the preliminary 
decision.  
 (2) The Secretary of State may decide not to give effect to the preliminary 
decision only  if the Secretary of State is satisfied that it is not in the public 
interest to give effect to it.  
 (3) If the Secretary of State decides not to give effect to the preliminary 
decision, the Secretary of State must —  
(a) publish notice of the final affirm ative determination in relation to the goods, of the preliminary 
decision and of the decision not to give effect to it,  
(b) notify interested parties (see paragraph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the rea sons for deciding not give effect 
to the preliminary decision.  
 (4) If the Secretary of State decides to give effect to the preliminary decision, 
the Secretary of State —  
(a) must publish notice of the final affirmative determination in relation to the goo ds, of the 
preliminary decision and of the decision to give effect to it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the preliminary 
decision.  
 (5) See paragraphs 21 and 22 for variation or revocation of the application of a 
definitive safeguarding amount. ".  
 25.  Paragraph 20 (Secretary of State’s power to subject goods to a tariff rate quota) of 
Schedule 5 to the Act has effect as if, for that paragrap h, there were substituted —  
  "20.—(1)  If the Secretary of State makes a preliminary decision under 
paragraph  16(3)(b) that goods should be subject to a tariff rate quota, the Secretary 
of State must decide whether to give effect to the preliminary decisi on.  
 (2) The Secretary of State may decide not to give effect to the preliminary 
decision only if the Secretary of State is satisfied that it is not in the public 
interest to give effect to it.  
 (3) If the Secretary of State decides not to give effect to  the preliminary 
decision, the Secretary of State must —  
(a) publish notice of the final affirmative determination in relation to the goods, of the preliminary 
decision and of the decision not to give effect to it,  
(b) notify interested parties (see paragr aph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not give effect 
to the preliminary decision.  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 28 - 
   (4) If the Secretary of State decides to give effect to the preliminary decision, 
the Secretary o f State —  
(a) must publish notice of the final affirmative determination in relation to the goods, of the 
preliminary decision and of the decision to give effect to it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to  make provision by public notice to give effect to the preliminary 
decision.  
 (5) See paragraphs 21 and 22 for variation or revocation of a tariff rate quota. ".  
 26.  Paragraph 21 (reviews) of Schedule 5 to the Act has effect as if, for sub -paragraphs (6)  to 
(10) of that paragraph, there were substituted —  
 "(6) Regulations may make provision for or in connection with the Secretary of 
State —  
(a) making a preliminary decision that — 
 (i) the application of a definitive safeguarding amount to goods should be  varied, revoked or 
replaced with a tariff rate quota, or  
 (ii) a tariff rate quota to which goods are subject should be varied, revoked or replaced with 
the application of a definitive safeguarding amount, and  
(b) deciding whether to give effect to such a  preliminary decision.  
 (7) Where, by virtue of provision made under sub -paragraph (6), the Secretary 
of State decides to give effect to a preliminary decision that the application of 
a definitive safeguarding amount to goods, or a tariff rate quota to whi ch goods 
are subject, should be varied or revoked, the Secretary of State —  
(a) must publish notice of the preliminary decision and of the decision to give effect to it,  
(b) must notify interested parties (see paragraph 31(3)) accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the preliminary 
decision.  
 (8) Where the Secretary of State makes a preliminary decision to vary the 
application of a definitive safeguarding amount to goods, by virtue of 
regulations under sub -paragraph (6), this may take the form of one or both of 
the following —  
(a) varying the period for which a definitive safeguarding amount is applicable (including extending 
it beyond the period referred to in paragraph 17(2)(b));  
(b) varyi ng a definitive safeguarding amount such that a lower amount of import duty is applicable.  
 (9) Where the Secretary of State makes a preliminary decision to vary a tariff 
rate quota, by virtue of regulations under sub -paragraph (6), this may take the 
form of one or more of the following —  
(a) increasing the amount of the quota;  
(b) varying the allocation of the quota;  
(c) reducing the rates of import duty that apply to goods subject to the quota;  G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 29 - 
  (d) reducing the part of the period for which the amount of the quota is lower or for which import 
duty at a higher rate applies (so that the amount of the quota is increased, or import duty applies 
at a lower rate, more quickly);  
(e) varying the period for which goods are subject to the quota (including extending it beyond the 
period referred to in paragraph 18(2)(b)).  
 (10) Where, by virtue of provision made under sub -paragraph (6), the 
Secretary of State decides to give effect to a preliminary decision that, for the 
first time, a definitive safeguarding  amount should be applicable to goods or 
goods should be subject to a tariff rate quota, the Secretary of State —  
(a) must publish notice of the preliminary decision and of the decision to give effect to  it, 
(b) must notify interested parties accordingly, and 
(c) is required under section 13 to make provision by public notice to give effect to the preliminary 
decision. ". 
Modifications to Part 5 (supplementary)  
 27.  Paragraph 23 (the economic interest test) of Schedule 5 to the Act has effect as if —  
(a) in  sub-paragraphs (1) and (3), "the TRA or ", in each place where this occurs, were omitted; and  
(b) in sub -paragraph (3)(b), ", as the case may be, " were omitted.  
 28.  Paragraph 24 (suspension of safeguarding remedies) of Schedule 5 to the Act has effect 
as if—  
(a) in sub -paragraph (1) — 
 (i) for "recommending to the Secretary of State ", there were substituted "making a preliminary 
decision "; 
 (ii) for "accepting or rejecting such a recommendation ", there were substituted "deciding 
whether to give effect to such a preliminary decision "; 
(b) in sub -paragraph (2), for "recommendation to the Secretary of State ", there were substituted 
"preliminary decision "; and  
(c) in sub -paragraph (6) — 
 (i) for "accepts a recommendation ", there were substituted "decides to give effect to a 
preliminary decision "; 
 (ii) in paragraph (a), for "recommendation and of the acceptance of it ", there were substituted 
"preliminary decision and of the decision to give effect to it "; 
 (iii) in paragra ph (c), for "recommendation ", at the end, there were substituted "preliminary 
decision ". 
 29.  Paragraph 25 (exceptions) of Schedule 5 to the Act has effect as if, in sub -paragraph (2), 
for "recommendation ", there were substituted "preliminary decision ".  
 30.  Paragraph 26 (restrictions on successive safeguarding remedies) of Schedule 5 to the Ac t 
has effect as if —  
(a) in sub -paragraph (1), for "recommendation ", in both places where it occurs, there were 
substituted "preliminary decision "; G/ADP/N/1/GBR/1/Suppl.1 • G/SCM/N/1/GBR/1/Suppl.1 • G/SG/N/1/GBR/1/Suppl.1  
- 30 - 
  (b) in sub -paragraph (3), for "accept the recommendation ", there were substituted "decide to give 
effect to the preliminary decision "; and  
(c) in sub -paragraph (5) — 
 (i) for "accepting the recommendation ", there were substituted "deciding to give effect to the 
preliminary decision "; and  
 (ii) for "the recommended period ", in each place this occurs, there were su bstituted "the 
identified period ". 
 
 
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